2 May 2025法庭線#6756
鄒幸彤確認撤懲教禁入書司法覆核 稱特首發證明書指涉國安 政府：不評論個案
Chow Hang-tung, the former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China who is remanded in custody over the Alliance case, applied for judicial review last July, alleging that the Correctional Services Department had withheld four books sent in by her mother. They included *People Will Not Forget: A Record of the 1989 Democracy Movement*, published by the Hong Kong Journalists Association, and *Younger Brother* by Chan Wai. The case was originally scheduled to be heard this April.
In a post on her Patreon last week, Chow said that she had decided to withdraw the proceedings after Chief Executive John Lee issued a “Chief Executive’s certificate” stating that the four books involved national security. She said the certificate was binding on the court, adding: “In any event, the conclusion is that with the other side having such a nuclear weapon, the lawsuit was probably destined to be lost.”
The Courtline contacted the Chief Executive’s Office and the Correctional Services Department about Chow’s account. A Hong Kong Special Administrative Region Government spokesperson said it did not comment on individual cases, but said that the Correctional Services Department could withhold outside publications if their nature was detrimental to the rehabilitation of persons in custody. The spokesperson also said the Chief Executive had the power to issue certificates, and that relevant information concerned information relating to national security work and would not be disclosed except as required for the case.
正就支聯會案還押的前支聯會副主席鄒幸彤，去年 7 月申請司法覆核，指懲教署扣起 4 本由其母親送入的書，包括記協出版的《人民不會忘記：八九民運實錄》、陳慧的《弟弟》，案件原定排期今年 4 月聆訊。
鄒幸彤的 Patreon 上周發文，鄒透露因特首李家超發出「行政長官證明書」，指涉案 4 書牽涉「國家安全」，決定撤銷訴訟。她提到，證明書對法庭有約束力，「反正結論就是，對方有這麼一個核彈在，官司大概是輸定了」。
《法庭線》就鄒的說法，分別向特首辦、懲教署查詢，特區政府發言人回覆指不評論個別案件，但指如外間刊物性質不利在囚人士改過自新，懲教署可扣起有關刊物，又指行政長官有權發出證明書，相關資料涉國安工作信息，除因案件需要以外，不予公開。
25 Sept 2024法庭線#4077
拒港大張敬生減刑 懲教署長稱考慮「評委會」意見 未答名稱及成員
In the HKU Students’ Union Council case, the imprisoned then-chairperson, Kinson Cheung King-sang, failed on Tuesday (the 25th) in a bid for early release. In court, the Correctional Services Department cited the Commissioner’s explanation for refusing to grant Cheung a sentence reduction for good conduct in prison, saying that he “agreed with the report and views of the review panel”. The court was not told the name or membership of the “review panel”.
The Witness asked the department about the matter and was told that the Prison Rules, the Prisoners (Release under Supervision) Ordinance and the Long-term Prison Sentences Review Ordinance authorise the Commissioner and “relevant committees” to reduce prisoners’ sentences or release them early.
However, a review of the legislation by the reporter found references only to the Release under Supervision Board and the Long-term Prison Sentences Review Board. The provisions set out the identities of their members in detail: besides departmental representatives, they include external members such as High Court judges, experienced psychiatrists, and barristers or solicitors practising criminal law. The legislation does not mention a “review panel” or a committee with related wording.
港大學生會評議會案，在囚的時任主席張敬生周二（25 日）爭取提早獲釋失敗。懲教署一方在法庭引署長解釋拒讓張獲獄中行為良好減刑時，提及他「同意評委會的報告和意見」，但庭上未有詳述該「評委會」的名稱及成員。
《法庭線》向署方查詢，獲回覆指《監獄規則》、《監管釋囚條例》及《長期監禁刑罰覆核條例》授權署長及「相關委員會」可減刑或提早釋放囚犯。
惟記者翻查法例僅提及「監管釋囚委員會」及「長期監禁刑罰覆核委員會」，條文詳細列出成員的身分，除了署方代表亦有外部成員例如高院法官、具經驗精神科醫生、刑事執業大律師或律師等，惟法例沒有提及「評委會」或相關字眼的委員會。
24 Sept 2024法庭線#4072
港大評議會案張敬生爭提早獲釋失敗 國安委介入作決定指本案煽惑傷人罪涉國安
Kinson Cheung King-sang, the then-chairman of the HKU Students’ Union Council in the case, has failed in his bid for early release. The High Court continued hearing the case on Tuesday (24th). The Correctional Services Department said the Committee for Safeguarding National Security, after being consulted by the Commissioner, had decided that, based on the nature, facts and circumstances of the case, the offence of “inciting a person to wound with intent” involved national security and constituted an offence endangering national security, and that reducing Kinson Cheung King-sang’s sentence would be contrary to national security.
The department said the Commissioner had also considered the report and views of the Review Board, which found that Kinson Cheung King-sang had not shown sufficient remorse and continued to express understanding and sympathy for the perpetrators’ violent acts. It was therefore difficult to believe that he had genuinely repented. The Commissioner was not satisfied that granting a sentence reduction would not be contrary to national security, and decided that Kinson Cheung King-sang was not eligible for a reduction for good conduct in prison. Kinson Cheung King-sang’s side said that although it did not agree that the Committee had the power to make the decision, Kinson Cheung King-sang would not further challenge it through judicial review.
High Court national security law designated judge Esther Toh cited the Jimmy Lai case, saying that decisions of the Committee were not subject to judicial review and were binding on the court. Toh ruled that the Correctional Services Department’s continued detention of Kinson Cheung King-sang was lawful, dismissed his habeas corpus application, and said there was no need to deal further with the bail application. She also ordered Kinson Cheung King-sang to pay the Correctional Services Department’s legal costs. After hearing the decision, Kinson Cheung King-sang briefly leaned back and stared blankly. He must continue serving his sentence and is expected to be released in November.
港大學生會評議會案，在囚的時任主席張敬生爭取提早獲釋失敗。高院周二（24 日）續處理張案，懲教署一方指國安委經署長徵詢後作出決定，指基於案件性質、事實及情況，案中「煽惑有意圖傷人」罪涉及國家安全，屬於危害國安罪行，而若張獲得減刑不利於國安。
懲署方續指，署長同時考慮「評委會」的報告和意見，指張沒足夠反省，仍對施襲者的暴力行為表示理解和同情，難信有真誠悔過，不信納減刑不會不利於國安，遂決定張不可獲獄中行為良好減刑。張一方指，雖不同意國安委有權作決定，惟張不會進一步循司法覆核挑戰。
高院《國安法》指定法官黎婉姫引「黎智英案」，指國安委決定不受司法覆核，對法庭有約束力。黎裁定懲署繼續羈押屬合法，駁回張的人身保護令申請，亦毋須再處理保釋申請，並向懲教一方批出訟費。張敬生聞悉決定一度仰後發呆，他須繼續服刑，料將於 11 月刑滿。
11 Sept 2024法庭線#4037
未獲授權經律師寄投訴信 鄒家成判囚3日、律師罰款 二人不服定罪及刑罰提上訴
In May last year, Owen Chow Ka-shing, who was remanded in custody in the “47-person case”, was accused of sending a complaint letter to the Office of the Ombudsman through a lawyer without authorisation. The letter complained that the Correctional Services Department had damaged two Buddhist books and refused to allow his relatives and friends to send them in. Chow and a female lawyer were charged by the National Security Department with one count of taking an unauthorised article out of a prison. Both were convicted after trial. Chow was sentenced to three days in prison, while the lawyer was fined HK$1,800. Dissatisfied with their convictions and sentences, Chow and the lawyer lodged an appeal on Monday (the 9th). According to the Judiciary’s website, no hearing date has yet been set.
去年 5 月，因「47 人案」還押的鄒家成，被指未經授權透過律師寄出申訴專員公署投訴信，投訴懲教署損毀及拒絕其親友送入兩本佛學書籍。鄒與一名女律師，被國安處控以一項「將未經授權的物品攜離監獄」罪，兩人經審訊後被裁定罪成。鄒家成被判囚 3 天，律師罰款 1,800 元。鄒及律師不服定罪及刑罰，周一（9 日）提出上訴。根據司法機構網頁，案件尚未有聆訊日期。
10 Sept 2024法庭線#4035
鄒幸彤指女性囚犯夏天須穿長褲 懲教政策屬歧視及違憲 獲批司法覆核許可
Chow Hang-tung, the former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China who is remanded in custody in connection with the Alliance case, applied twice this year to a welfare officer to wear shorts but was refused. She objected to the Correctional Services Department requiring female prisoners to wear trousers in summer while male prisoners are allowed to wear shorts, arguing that the policy involves gender discrimination and endangers health. She filed for judicial review in the High Court last Friday, seeking declarations that the policy is unlawful and unconstitutional and an order requiring it to be withdrawn or amended.
High Court Judge Ko Ho-man granted leave for judicial review in writing on Tuesday (10th) (Legal 101 article). According to the Judiciary’s website, no hearing date has yet been set.
正就支聯會案還押的前支聯會副主席鄒幸彤，今年兩度向福利官申請穿短褲被拒絕。她不滿懲教署要求女性囚犯夏天仍要穿長褲，男性囚犯則可穿短褲，認為涉及性別歧視、危害健康，上周五入稟高等法院提司法覆核，要求宣告政策違法及違憲，下令撤銷或修改。
高院法官高浩文周二（10 日）書面批出司法覆核許可（法律 101 文章）。據司法機構網頁，案件暫未有聆訊日期。
23 Aug 2024集誌社#3938
壁屋懲教所傷人案｜18 歲還押少年受襲 兩懲教、四羈留人士轉介區院 9.12 再訊
A then-serving Correctional Services Assistant II and four detainees allegedly used a wooden stick to injure an 18-year-old remanded person at Pik Uk Correctional Institution, which holds juvenile offenders aged 14 to 20, in late 2023, causing permanent injury. The prosecution later charged another then-serving Correctional Services Assistant I and applied today (23rd) for the two cases to be dealt with together and referred to the District Court. Magistrate Edward Ching Yu Wong approved the application. The case will be adjourned until September 12 for mention at the District Court.
一名時任二級懲教助理及四名羈留人士涉於 2023 年底，在關押 14 至 20 歲少年犯的壁屋懲教所，以木棍捅傷一名 18 歲還押人士，導致造成永久傷害。控方及後再起訴一名時任懲教一級助理，今日（23日）申請兩宗案件合併處理及轉介區域法院。裁判官王證瑜批准申請，案件將押後至 9月 12日於區域法院提訊。
14 Aug 2024法庭線#3903
未獲授權經律師寄投訴信 鄒家成判囚3日擬上訴、律師罰款1800元
In May last year, Owen Chow Ka-shing, who was remanded in custody over the “47-person case”, was accused of sending a complaint letter to the Ombudsman through a lawyer. The letter complained that the Correctional Services Department had damaged and refused to accept two Buddhist books brought in by his relatives and friends. Chow and a female lawyer were charged by the National Security Department with one count of taking an unauthorised article out of a prison. Both were convicted after trial.
Chief Magistrate Ho Wai-yin sentenced Chow to three days’ imprisonment at the West Kowloon Magistrates’ Courts on Wednesday (the 14th), while the lawyer was fined $1,800. Chow was granted bail pending an appeal, but will continue serving a sentence in another case.
In a mitigation letter, Chow said he had twice complained to the Correctional Services Department without success. Together with unpleasant experiences in prison, this made him worry that he would be unable to send the complaint letter. In sentencing, the magistrate said the defendants’ concern was based only on a “subjective belief”. If Chow had applied through the normal channels, he should have been able to send the complaint letter successfully; however, he had “recklessly and foolishly” chosen to send it privately.
去年 5 月，因「47 人案」還押的鄒家成，被指透過律師寄出申訴專員公署投訴信，投訴懲教署損毀及拒絕其親友送入兩本佛學書籍。鄒與一名女律師，被國安處控以一項「將未經授權的物品攜離監獄」罪，兩人經審訊後被裁定罪成。
主任裁判官徐綺薇周三（14 日）於西九龍裁判法院，判鄒家成監禁 3 天，律師罰款 1800 元。鄒獲准保釋候上訴，但繼續就另案服刑。
鄒在求情信指，曾兩度向懲教署投訴均不成立，加上獄中遭遇不愉快經歷，擔心無法寄出投訴信。裁判官判刑時指，被告的擔心僅基於「主觀想法」，若他循正常途徑申請，理應可以順利寄出投訴信，惟被告「魯莽、愚昧」地選擇私自寄出投訴信。
31 Jul 2024法庭線#3862
被拒收取司徒華回憶錄、六四書籍等4書 鄒幸彤申司法覆核指懲教決定不合憲
Chow Hang-tung, the former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China who is currently remanded in custody over the Alliance case, said her mother tried earlier this year to send her four books published by the Hong Kong Journalists Association, including *People Will Not Forget: A Record of the 1989 Democracy Movement*, the novel *Younger Brother* by Chan Wai, the memoir *The Great River Flows East* by the late Democratic Party veteran Szeto Wah, and the memoir *Words of a Bell Ringer* by Occupy Central initiator Chu Yiu-ming. The Correctional Services Department withheld all four books on grounds including that they contained “biased descriptions of social events” and could cause prisoners to “develop an awareness of opposing governance.”
Chow’s appeal to the Correctional Services Department was also rejected. On Tuesday (the 30th), she filed for judicial review in the High Court, challenging the department’s decision as unconstitutional and unreasonable, and as infringing her freedom of expression protected under the Basic Law. She said the decision placed her at risk of being “completely cut off” from information outside prison, and asked the court to overturn it and allow her to receive the four books at the remand centre.
The application said the books merely described contemporary political events, history and other matters, and were not “banned books” in Hong Kong. Even if some of their content challenged the political order, it said that “in a democratic society, political ideas that challenge the existing political order in a peaceful manner should be given the opportunity to be expressed.”
正就支聯會案還押的前支聯會副主席鄒幸彤，指其母親今年初嘗試送入記協出版的《人民不會忘記：八九民運實錄》、作者陳慧所著小說《弟弟》、已故民主黨元老司徒華回憶錄《大江東去》及佔中發起人朱耀明回憶錄《敲鐘者言》，惟 4 本書遭懲教署以「對社會事件存在偏頗描述」、引起在囚者「萌生對抗管治嘅意識」等理由扣起。
鄒幸彤向懲教署提出上訴亦遭駁回。她周二（30 日）入稟高等法院提出司法覆核，挑戰懲教署的決定不合憲、不合理，侵害她受《基本法》保障的表達自由，令她蒙受與外界資訊「完全隔絕」的風險，要求法庭推翻署方決定，批准她在收押所收取該 4 本書。
入稟狀強調，相關書籍僅描述當代政治事件、歷史等，在香港亦非「禁書」，即使有部分內容挑戰政治秩序，「在一個民主社會，應給予機會表達，以和平方式挑戰現行政治秩序的政治理念」。
25 Mar 2024獨媒#3244
【23條立法】消息指美國隊長2.0未能提早獲釋 懲教：不評論
After the Article 23 legislation took effect, prisoners involved in national security cases must be deemed by the Commissioner of Correctional Services not to pose a risk to national security before they can be released early. It is understood that the first affected case has emerged: Ma Chun-man, nicknamed “Captain America 2.0”, who was jailed after being convicted of inciting others to secede, was scheduled to be released early this morning but did not leave prison as scheduled. A friend who intended to greet Ma upon his release told the media that a Correctional Services Department welfare officer said it was because Article 23 had taken effect, adding that this was the first time the officer had encountered such a situation.
23條生效後，涉國安案件的囚犯須獲懲教署署長信納「不會不利國家安全」，方能提前獲釋。據了解，首個受影響案例已出現，外號「美國隊長」2.0 、因煽動他人分裂國家罪成入獄的馬俊文，原定今早提早獲釋，但未能如期出獄。有欲迎接馬出獄的友人向傳媒透露，懲教署福利官指是因為「23條」生效的關係，並指是首次遇到相關情況。
19 Jan 2024獨媒#2836
壁屋懲教涉用木棍捅囚犯肛門 連同4名涉事囚犯被控有意圖傷人 還柙候訊
An Assistant Officer II stationed at Pik Uk Correctional Institution allegedly used a wooden stick to probe the anus of an 18-year-old male inmate in an area without CCTV, with other inmates present assisting. The inmate suffered an anal tear and rectal perforation. The Assistant Officer II and four inmates were jointly charged with wounding or inflicting grievous bodily harm with intent and appeared at Kwun Tong Magistrates’ Courts today (19th). The prosecution applied to adjourn the case until 22 April pending a police investigation. The Assistant Officer II’s bail application was refused, and he was remanded in custody together with the other defendants, who had not applied for bail.
一名駐守壁屋懲教所的二級懲教助理，涉在沒有閉路電視的範圍，用木棍捅18歲男囚犯的肛門，在場另有其他囚犯協助，最終導致事主肛門撕裂及直腸穿孔。一名二級懲教助理及4名囚犯，同被控「有意圖而傷人」罪，今（19日）被押往觀塘裁判法院提堂。控方申請押後至4月22日再訊，以待警方調查。二級懲教助理申保釋遭拒，連同其他沒有申請保釋的被告一同還柙。
Translations are supplied by the source workbook. Consult the original reporting for context.
